Sec. 6. Information security standards
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Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to require covered entities to establish and implement policies and procedures regarding information security practices for the treatment and protection of covered data taking into consideration— the level of identifiability of the covered data and the associated privacy risk; the sensitivity of the covered data collected, processed, and stored and the associated privacy risk; the currently available and widely accepted technological, administrative, and physical means to protect personal data under the control of the covered entity; the cost associated with implementing, maintaining, and regularly reviewing the safeguards; and the impact of these requirements on small and medium-sized businesses.
In promulgating the regulations required under this section, the Commission shall consider a covered entity who is in compliance with existing information security laws that the Commission determines are sufficiently rigorous to be in compliance with this section with respect to particular types of covered data to the extent those types of covered data are covered by such law, including the following: Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq.). The Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 ).
The Health Insurance Portability and Accountability Act of 1996 Security Rule (45 CFR 160.103 and part 164). Any other existing law requiring a covered entity to implement and maintain information security practices and procedures that the Commission determines to be sufficiently rigorous.
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- 45 CFR 160.103
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